06/06/2022
'In The Matter The XYZ Trusts' reaffirms section 47 legal principles
Finally, it confirmed the Bermuda Court’s willingness to issue confidentiality orders in cases involving the administration of private trusts.
Court Cases
06/01/2022
Privy Council dismisses appeal in BVI unfair prejudice proceedings
The Board reiterated the position set out by Lord Wilberforce in Ebrahimi v Westbourne Galleries Ltd, that the categories of cases in which equitable considerations arise are not closed and they are not limited to situations of quasi-partnership.
05/31/2022
Mixing Business with Family: Quasi-Partnership in Family Companies
The relationship between the mother and son remained positive for several more years, but serious disagreements then arose between them and the son was dismissed from his employment and removed as a director.
05/30/2022
SEC Settles First Enforcement Action Against Mutual Fund Adviser Challenging Funds’ ESG Disclosure
In order to charge a “material” misrepresentation, the SEC must demonstrate a misstatement or omission that presents a “substantial likelihood” of affecting the decision-making of a reasonable investor in light of the total mix of
05/25/2022
Largest Unfair Dismissal Compensation Award Ordered - Update for Employers in Ireland
The investigation and disciplinary meeting were held in close succession and the employment was terminated.
05/25/2022
Giambrone & Partners has successfully obtained a judgment from the High Court in London amounting to £496,019
Giambrone & Partners easily demonstrated that our client was not a professional trader. Dualix maintained the position of defending our client’s claim.
05/24/2022
SEC Charges BNY Mellon Investment Adviser for Misstatements and Omissions Concerning ESG Considerations
The SEC’s investigation was conducted by Robert Baker and Michael Moran
05/23/2022
Cayman court revisits winding up petitions against general partners
This decision will be welcomed by the private equity industry in particular
05/20/2022
Default on a secured loan facility: the English High Court considers a lender's right to terminate
The Court therefore found that, although the termination notice did not specify a valid event of default, the notice was valid as it satisfied the contractual requirements conditions for a termination notice, as prescribed in the loan agreement.
05/19/2022
Withers obtains worldwide injunction for Singaporean to freeze sale of rare Bored Ape Yacht Club NFT
The Singapore High Court’s injunction to protect an NFT is the first in Singapore and Asia, and the first globally in a purely commercial dispute. This injunction recognises NFTs as an asset.
05/18/2022
Privy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account
It therefore rejected what would have represented a significant extension of the duty which would have required banks to monitor transactions for fraud not only with their customers in mind, but also any beneficial owners.
05/17/2022
Riding the waves of recognition
On 6 April 2022, the Hong Kong Court granted the liquidators’ application.
05/13/2022
Ex-UBS banker loses appeal over selling client data to Germany
It dismissed his argument that the lower court had conducted proceedings in an inadmissible manner.
05/11/2022
Tax Tribunal confirms documents sought by HMRC were legally privileged
This decision reinforces the position that communications between a lawyer and client will generally attract LPP.
05/11/2022
Cross-Claims and Applications for the Appointment of Liquidators
The Court of Appeal agreed with the Court below that the evidence did not establish any genuine or serious claim in conspiracy.
05/08/2022
The widening scope of the Quincecare Duty
The Philipp case provides an excellent opportunity for financial instructions to review and improve their APP fraud measures.
05/06/2022
Legal experts welcome Scottish courts’ new hybrid approach
At the Sheriff Appeal Court all procedural hearings, including permission hearings, will take place via WebEx or by written submissions.
05/04/2022
An 'Unprecedented' Just & Equitable Winding Up of a Solvent Cayman Islands' Captive - Re Virginia Solution SPC Ltd
The decision also comes at a time when the Grand Court’s Financial Services Division has seen a steady flow of Winding Up Petitions being filed which seek compulsory winding up on the just and equitable basis.
04/29/2022
‘No fault’ divorce – what you need to know
In this article we consider the introduction of ‘no fault’ divorce, the procedural changes and the importance of obtaining legal advice
04/28/2022
Four Charged In Connection With Multi-Billion Dollar Collapse Of Archegos Capital Management
Sung Kook (Bill) Hwang – the Founder and Head of Archegos – and Three Others Charged with Racketeering and Fraud Offenses Related to Market Manipulation Scheme